I would be grateful if you could advice me based on the narration below. My parents aged 74 and 79 are holders of British passports which they obtained in 2010. They had emigrated to the UK from Nigeria in 1962 and subsequently lived there for about 10years.

In the 70's, they moved back to Nigeria where I was born in 1977 and my brother in 1981.

I am now married with two children and live in Nigeria. I lived in the UK briefly between 2001-2006 as a student (I undertook postgraduate study) and as a holder of a working holiday visa. On completion of the working holiday scheme, I returned to Nigeria voluntarily. I visit the UK regularly with my family on holiday.

Do my family (wife and children) and i qualify to apply for British Citizenship as descendants of British Citizen

Areas of Expertise: 

Public Answer: 

Thank you for your enquiry.

Based on the information that you have provided me it would appear that you and your brother have British nationality by descent. However, in order to evidence this you would need to apply for either a British passport or a certificate of entitlement of your right of abode in the UK. The position for your wife and child is more complicated. I would need more details with respect to your child to find out if they would be able to register as a British national. From what you have told me your wife would not have any entitlement to British Citizenship by virtue of her marriage to you. However, as your dependent and potentially the mother of a British national there are likely to be a number of routes to settlement in the UK open to your wife. As your matter is quite complex I would suggest that you arrange an initial consultation by Skype or telephone so that we can discuss your matter in more detail and I can provide you with specific legal advice and lay out your options in respect to your and your family’s options.   

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